When somebody is the victim of a sexual assault, their entire world is turned upside down. Unless you’ve been through this kind of thing, you cannot possibly imagine what kind of turmoil a sexual assault victim experiences. This is why it’s important to know when a property owner may be liable for your sexual assault. While nobody can personally blame a property owner for sexual assault, that doesn’t mean they can’t be held liable. For example, if a bartender overserves someone who then goes on to rape somebody, that bar owner may be liable for damages. The same could be true for someone whose teenage son has a history of sexually abusing other kids. They have a duty to make sure their child is not left along with other children in their home.
Like most other personal injury cases in Texas, these cases are based on negligence. Your Texas trial lawyer will have to show that the defendant breached their duty of care in order to get you damages. This standard is the same in pretty much all personal injury cases. Generally speaking, to prove negligence, your injury lawyer in Texas will have to show the following four (4) things:
- The defendant owed you a duty of care
- They breached this duty
- You were injured
- Your injuries were caused by their breach
In certain types of cases, it’s not hard to prove these four elements. However, in a sexual assault case, it can be quite difficult. This is why you would want to hire an experienced personal injury lawyer to handle your case. They understand what is required to get you the compensation you deserve. Plus, they know how delicate the situation really is.
Why Would a Property Owner Be Held Accountable for Your Assault?
In certain situations, a property owner may be held civilly liable for your injuries. One of these situations has to do with a bar owner. If a bartender overserves either the perpetrator or the victim, they can be held liable for damages. If someone gets drunk and then ends up getting attacked, they may have a claim against the bar owner. The courts will look to see what your blood alcohol concentration (BAC) is. If it was over the legal limit, you may have a claim for damages. The same is true if the perpetrator has a BAC over the legal limit. The second thing the courts will look at is whether or not alcohol played a part in your attack. If you were attacked because you were inebriated, then it certainly played a role in your attack. Likewise, if the person who attacked you was drunk at the time of the attack, the bar owner may be held liable.
Liability is not limited to bar owners. If a landlord rents to someone who is a registered sex offender, the landlord could later be held liable if another tenant is assaulted. The same can be said for an employer who allows someone to sexually harass their other employees. It is up to your Texas personal injury lawyer to prove negligence.
Contact an Experienced Personal Injury Lawyer in Texas Right Away
If you or your loved one are the victim of a sexual assault, you will have to deal with two things. First, you’ll need to address the criminal side of your assault. Report the incident to the police and they can make sure the culprit is charged accordingly. But you may also have a potential civil claim. Of course, you can file a civil lawsuit against the person who assaulted you. However, often times, the kinds of people who commit these crimes don’t really have assets that your lawyer can pursue. That’s why your Texas personal injury lawyer may want to pursue the person who owns the property where you were assaulted. You have a right to damages and you don’t really care who pays these damages. As long as you are made whole, that is all you care about.
This is why you should call and talk to one of our experienced personal injury lawyers right away. They can review your case and answer any questions you might have. Schedule your free initial consultation with one of our lawyers so you can get the justice you deserve. Your attorney understands what you’re going through. They also understand how important it is that the defendant be held accountable for their negligence. The defendant will have a team of lawyers on their side. Make sure you have someone by your side as well.